IN PARTIAL FULFILLMENT

OF THE REQUIREMENT IN
AGRARIAN LAW AND SOCIAL LEGISLATION

TOPIC: PATERNITY LEAVE ACT

SUBMITTED BY:
GROUP 4
Ballatong, Esteban E.
Calagan, Wally
Dalanao, Jollin Lyka Shane B.

SUBMITTED TO:
Atty. Meshack Macwes
Professor
University of the Cordilleras
College of Law
REPUBLIC ACT NO. 8187 - AN ACT GRANTING PATERNITY LEAVE
OF SEVEN (7) DAYS WITH FULL PAY TO ALL MARRIED MALE
EMPLOYEES IN THE PRIVATE AND PUBLIC SECTORS FOR THE
FIRST FOUR (4) DELIVERIES OF THE LEGITIMATE SPOUSE WITH
WHOM HE IS COHABITING AND FOR OTHER PURPOSES.

I. Definition of Terms

a. Paternity Leave refers to the benefits granted to a married male

employee allowing him not to report for work for seven (7) days but
continues to earn the compensation therefor, on the condition that
his spouse has delivered a child or suffered a miscarriage for
purposes of enabling him to effectively lend support to his wife in
her period of recovery and/or in the nursing of the newly-born
child.

b. Employee refers to any person who performs services for an

employer and receives compensation therefor, provided an
employer employee relationship exists between them.

c. Delivery refers to childbirth, miscarriage or abortion.

d. Spouse refers to the lawful wife. For this purpose, lawful wife
refers to a woman who is legally married to the male employee
concerned.

e. Cohabiting refers to the obligation of the husband and wife to live

together.

II. Coverage

Every married male employee in the private and public sectors shall
be entitled to a paternity leave of seven (7) days with full pay for the first
four (4) deliveries of the legitimate spouse with whom he is cohabiting. The
male employee applying for paternity leave shall notify his employer of the
pregnancy of his legitimate spouse and the expected date of such delivery.
For purposes, of this Act, delivery shall include childbirth or any
miscarriage.
Full pay consists of basic salary, all allownaces, and other monetary
benefits.
(Note: Pimentel authors House Bill No. 3401 which seeks to amend
the Paternity Leave Benefit Law of 1996 or Republic Act No. 8187 to
bump up to 15 days the existing seven-day paid paternity leave for
each of the first four childbirths of his lawful wife with whom he is
cohabitating.)

III. Conditions for entitlement of paternity leave benefits

A married male employee shall be entitled to paternity benefits

provided that:
a. The woman who gave birth or suffered miscarriage must be
the legal wife;
b. At the time of miscarriage or delivery of the child, the male
spouse must be:
i. an employee; and
ii. cohabiting with his lawful wife
c. The employee must notify the employer of the
pregnancy of his wife, stating the expected day of
delivery.
d. The paternity leave can be availed of only for the
first four (4) childbirth or miscarriage.

IV. Notification

As soon as the married male employee learns that his spouse is

pregnant, he shall inform his employer of such pregnancy and the expected
date of delivery within a reasonable period of time. The employee shall
accomplish a Paternity Notification Form to be provided for by the employer
and submit the same to the latter, together with a copy of his marriage
contract, or where not applicable, any proof of marriage. Provided, That this
notification requirement shall not apply in cases of miscarriage or abortion.
Any employee who has availed of the paternity benefits shall, within a
reasonable period of time, submit a copy of the birth certificate of the newly
born child, death or medical certificate in case of miscarriage or abortion,
duly signed by the attending physician or midwife showing actual date of
childbirth, miscarriage or abortion, as the case may be.

V. Proof of Childbirth or Miscarriage

The employee who has availed of the paternity leave benefits shall,
within a reasonable period of time, submit a copy of the birth certificate of
the newly-born child, death or medical certificate in case of miscarriage
or abortion, duly signed by the attending physician or midwife showing the
actual date of childbirth, miscarriage, or abortion as the case may be.

VI. Availment

The paternity benefits set forth herein may be enjoyed by the

qualified employee before, during or after the delivery by his wife; provided,
that the total number of days shall not exceed seven (7) working days for
each delivery. Provided, further, that this benefit shall be availed of not later
than sixty (60) days after the date of said delivery.

VII. Non-Conversion of benefits

In the event that the paternity leave benefit is not availed of, said
leave shall not be convertible to cash.

VIII. Penalty

Any person, corporation, trust, firm, partnership, association or entity

found violating this Act or the rules and regulations promulgated thereunder
shall be punished by a fine not exceeding Twenty-five thousand pesos
(P25,000) or imprisonment of not less than thirty (30)days nor more than
six (6) months. If the violation is committed by a corporation, trust or firm,
partnership, association or any other entity, the penalty of imprisonment
shall be imposed on the entity's responsible officers, including, but not
limited to, the president, vice-president, chief executive officer, general
manager, managing director or partner directly responsible therefor.